“I would ask for their protocols and then I would depose everyone I could find looking for examples where the protocols were not followed. Then I’d hire an expert to pick apart their protocols for any deficiencies. I only need one point of failure if I’m the plaintiff’s attorney; either bad protocols or failure to follow those protocols are enough. Keep in mind that the equipment manufacturer can also be sued, so inevitably there will be cross claims between the hospital and the equipment manufacturer.
If the hospital’s protocols result in a use or maintenance schedule that goes against the manufacturer’s recommendations, then that’s another point of potential liability.”